Classifying the Law

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Classifying the Law
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Sources of Law

• Common Law
• Unwritten, traditional laws of England
• Statute Law
• Laws passed by elected representatives
• Constitutional Law
• Overrides all other laws

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Sources of Law

• Common Law
• Common to all
• Also known as case law or judge-made laws
• Evolving and based on previous legal decisions
• Based on the principal of stare decisis (let the
  decision stand) precedent based law
• Does the precedent still apply?
• If not, it becomes a new precedent known as a
  distinguishing case

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Sources of Law

• Statute Law
• Laws passed by elected representatives known as
  Acts
• Become law after being passed
• Common law decisions that have been codified as
  also known as statutes
• Statutes usually override unwritten common law
• Common law stands when no written statute exists

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Sources of Law

• Statute Law
• Enacted within each governments area of
  jurisdiction
• Federal government jurisdiction (National)
• Criminal law
• Federal penitentiaries
• Employment insurance
• Banking/currency
• Marriage/Divorce
• Postal services
• Dangerous products

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Sources of Law

• Statute Law
• Provincial government jurisdiction
• Hospitals
• Schools
• Police
• Property
• Highways
• Provincial jails

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Sources of Law

• Statute Law
• Municipal/Local government jurisdiction
• Bylaws that deal with local issues
• Fencing
• Snow clearing on the sidewalk
• Parking
• Garbage collection

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Sources of Law

• Statute Law
• Aboriginal Governing Structures
• Created under the Indian Act
• Local governing bodies for the band
• Road, bridge, public services on the reserve
• Self government
• Agreements between the aboriginal group and the
  government
• Wider law making powers

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Sources of Law

• Constitutional Law
• Overrides statute and common law
• Structure of the federal government
• Division of powers between federal and provincial
  governments
• Limits the powers of government

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Categories of Law
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Categories of Law

• International Law
• How nations interact with one another
• Treaties
• Extradition
• Free-trade
• NATO
• Lunar ownership, space ownership, responsibility
  for space debris, control of satellites
• International Organizations
• UN
• International Court of Justice (The Hague)
• International law enforcement is limited

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Categories of Law

• Domestic Law
• Laws within a country
• Case and statute law
• Differ from one country to another
• When you enter another country, you are bound by
  their laws (the law of the land)

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Categories of Law
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Categories of Law

• Substantive Law
• Defines the rights, duties and obligations of
  citizens and levels of government
• Right to own property
• Right to protect property
• Right to enter into a legal contract
• Right to seek remedies
• Governance of conduct

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Categories of Law

• Procedural Law
• Prescribes the methods of enforcing the rights,
  duties and responsibilities found in substantive
  law
• Rules for gathering evidence
• Rules for a lawful arrest
• Predictability
• Fairness/equitability

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Categories of Law

• Public Law
• Regulates the relationship between the government
  and its citizens
• Constitutional law
• Administrative law
• Criminal law
• All public laws are subject to the Canadian
  Charter of Rights and Freedoms

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Categories of Law

• Administrative Law
• Refers to government departments, boards,
  tribunals
• Labour board
• Workers compensation board
• Most effect on the everyday lives of citizens

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Categories of Law

• Criminal Law
• Prohibits and punishes certain behaviours
• Criminal Code of Canada
• Crimes are defined as being harmful to society as
  a whole
• R. v Smith
• Criminal Code is within federal jurisdiction
• But all provinces have the administer/implement
  the Criminal Code (Courts/Police/Crown Attorneys)

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Categories of Law
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Categories of Law

• Private Law
• Aka Civil Law
• Governs relationships between individuals
• Regulate and compensate victims who have been
  harmed by the actions of another
• Torts, contracts, family law, estates, wills,
  property law, employment law

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Categories of Law

• Tort Law
• Compensation for injury or harm caused by
  someones deliberate or negligent actions
• (duty of care, standard of care, care taken)

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Categories of Law

• Contract Law
• Purchasing goods or services
• Whether or not a legal contract is signed often
  it is implied

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Categories of Law

• Family Law
• Marriage
• Divorce
• Division of property
• Custody of children
• Visitation
• Alimony
• Child support

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Categories of Law

• Wills and Estates
• Division of property after death
• Legal challenges to wills
• Division of property if someone dies without a
  will (probate)

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Categories of Law

• Property Law
• Rights relating to property ownership
• Real estate

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Categories of Law

• Employment Law
• Relationships between employers and employees
• Legal age to be permitted to work
• Number of hours of work
• Minimum wage
• Hiring/firing
• Discrimination
• Harassment
• Safety
• unions

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Categories of Law